Probate Guide — England and Wales 2026

What is probate?

Probate is the legal process of administering a deceased person's estate. In England and Wales, it involves applying to the Probate Registry for a Grant of Probate (if there is a valid Will) or Letters of Administration (if there is no Will). The grant gives the executor or administrator legal authority to collect assets, pay debts, and distribute the estate.

When is probate needed?

Probate is not always required. It is typically needed when:

• The deceased owned property in their sole name
• The estate includes stocks and shares in sole name
• Bank accounts exceed certain thresholds (banks set their own limits, typically £25,000–£50,000)
• The estate is complex or disputed

Probate is not usually needed for: jointly owned assets that pass automatically to the survivor; assets in trust; pension funds (which pass by nomination outside the estate); or small estates where all assets are in joint names or below bank thresholds.

The executor's duties

• Register the death and obtain the death certificate
• Locate the Will and confirm you are named as executor
• Value all assets and liabilities as at the date of death
• Pay any inheritance tax due (must be paid before probate is granted)
• Apply for Grant of Probate at the Probate Registry
• Collect all assets into the estate
• Pay all debts and liabilities
• Distribute the estate in accordance with the Will
• Prepare estate accounts

Probate Registry fees